THE HON'BLE SRI JUSTICE PULLA KARTHIK
M.A.C.MA. No.446 of 2020
AND
I.A.NO.2 OF 2020
IN
MACMA 446 OF 2020
COMMON JUDGMENT:
This appeal is filed by the appellants/claimants
challenging the award and decree dated 31.01.2012 in
MVOP No.67 of 2009 on the file of the Chairman, Motor
Accidents Claims Tribunal-cum-VIII Additional District
Judge, Nizamabad, wherein, the Tribunal had awarded a
compensation amount of Rs.3,26,000/-, as against the
claim for an amount of Rs.6,00,000/- for the death of the
deceased Dhamareddy @ Chintha Narsa Reddy.
2. I.A.No.2 of 2020 is filed to condone the delay of 2874
days in filing the appeal.
3. The learned counsel for the appellant submitted that
the appellant will forego interest for the delay period.
PK, J
2
4. The learned counsel for 2nd respondent /Insurance
Company vehemently opposed contending that there is an inordinate delay in filing of appeal which cannot be condoned and relied on Judgment of Apex court in Estate Officer, Haryana Urban Development Authority and another vs. Gopi Chand Atreja reported in (2019) 4 Supreme Court Cases 612.
5. Though the learned counsel for the appellants submitted that he has given details of condoning the delay of 2874 days in filing the appeal, no such day to day delay or any cogent reason have been stated. Since the appellant did not explain about the day to day delay in the I.A., the same is liable to be dismissed in view of the judgment reported in AIR 2019 SC 1423, MACMA MP No.3413/2017 in MACMA No.1871/2017 for condonation of delay.
6. As there are no proper reasons explaining the inordinate delay and in view of the decision of the Apex Court in Gopi Chand Atreja's case referred supra reported in (2019) 4 Supreme Court Cases 612, the condone delay PK, J 3 application is dismissed and accordingly, MACMA is closed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this appeal shall stand closed.
___________________________ JUSTICE PULLA KARTHIK Date: 26.09.2022 BV